[EL] blogging break/more news

[Rick Hasen]

Short Blogging Break<https://electionlawblog.org/?p=100449>
Posted on August 3, 2018 4:28 pm<https://electionlawblog.org/?p=100449> by Rick Hasen<https://electionlawblog.org/?author=3>

Last chance to recharge my batteries before the semester begins.

Back with you all Wednesday!
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Election Commission Documents Cast Doubt on Trump’s Claims of Voter Fraud”<https://electionlawblog.org/?p=100447>
Posted on August 3, 2018 4:24 pm<https://electionlawblog.org/?p=100447> by Rick Hasen<https://electionlawblog.org/?author=3>

ProPublica:<https://www.propublica.org/article/election-commission-documents-cast-doubt-on-trumps-claims-of-voter-fraud>

Today, thousands of commission documents were released that show aspects of the body’s inner workings. As critics have suggested, the records — a mix of memos, internal emails and reports — make clear the commission’s work was driven by a small number of members who were convinced voter fraud was widespread, and that other members were often excluded from critical decisions about the commission’s aims and tactics….

On Nov. 18, 2017<https://www.documentcloud.org/documents/4635476-PROD001-0000563.html#document/p483/a444741>, Andrew Kossack — the executive director of the commission — circulated a draft “Staff Report” on the commission’s work. The report is a summary of the commission’s efforts, which Kossack appears to have been compiling beginning in August. The draft report included a prewritten section<https://www.documentcloud.org/documents/4635476-PROD001-0000563.html#document/p517/a444778> called “Evidence of Election Integrity and Voter Fraud Issues.” The section, with few exceptions, wound up almost entirely blank….

The documents released today also suggest that the commission had intended to ask states for far more information than has been publicly reported.

ProPublica first reported last October<https://www.propublica.org/article/whos-really-in-charge-of-the-voting-fraud-commission> that Hans von Spakovsky and J. Christian Adams — two individuals who are closely associated with advocacy for strict laws to prevent voter fraud — provided feedback on the request for state voter rolls behind the scenes before their formal appointment to the commission. The documents now show<https://www.documentcloud.org/documents/4635501-PROD001-0005992.html#document/p353/a444757> their specific suggestions.

In addition to the voter roll data, von Spakovsky and Adams jointly recommended the commission ask for a long list of other data from states. Those on the email chain jointly agreed that the first request should be simple, and that additional data could be requested later.

It appears the commission quickly made plans to request some of the additional data the pair had requested, namely jury questionnaires. The documents show that in late June, at the same time the original letter was sent, Kobach and members of the Office of the Vice President had drafted and finalized<https://www.documentcloud.org/documents/4635501-PROD001-0005992.html#document/p368/a444750> a letter to send to federal clerks’ offices requesting information on “all individuals determined to be ineligible or who were otherwise excused from federal jury duty” because they had died, moved out of the jurisdiction, had a felony conviction, or were not U.S. citizens. They specifically requested the names of the individuals and their addresses, and the reason they were excused from jury duty, and “other identifying information associated with each individual.”


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Posted in election administration<https://electionlawblog.org/?cat=18>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Group Challenging Constitutionality of Size of California Legislature Seeks Writ of Mandamus from Supreme Court to Convene 3-Judge-Court<https://electionlawblog.org/?p=100445>
Posted on August 3, 2018 4:20 pm<https://electionlawblog.org/?p=100445> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the petition at this link<https://www.supremecourt.gov/DocketPDF/18/18-123/55721/20180727131700254_FINAL%20Revised%20Writ%20of%20Mandamus%20with%20cover.pdf>.

The petition alleges that the district court was going to convene a three-judge court until the Chief Judge of the 9th Circuit told the judge not to do so:

Petitioners claim no misconduct on the part of the district judge, the Chief Circuit Judge or any of the “attorneys” (presumably circuit staff attorneys) with whom the district judge had a “discussion” on this topic. Tr. of 6/14/2108 hearing at 29, Appendix at C-28a. Nevertheless, the Chief Circuit Judge did not have the benefit of briefing on this issue, and it is therefore a denial of due process for him to issue authoritative guidance to the district judge about how she must exercise her authority under 28 U.S.C. §2284(b)(1). Nor does the Chief Circuit Judge, acting in his administrative capacity under 28 U.S.C. §2284(b)(1), have authority to speak on this issue. Under the clear terms of the statute, his role is limited to “designat[ing] two other judges, at least one of whom shall be a circuit judge.” So whatever guidance or directive the Chief Circuit Judge gave to the district judge was ultra vires and injudicious.
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Posted in redistricting<https://electionlawblog.org/?cat=6>


Breaking: Documents from Presidential Voter “Fraud” Commission (Featuring Leading Members of Fraudulent Fraud Squad) Released by Maine SOS Dunlap, Who Sued for Them<https://electionlawblog.org/?p=100440>
Posted on August 3, 2018 12:08 pm<https://electionlawblog.org/?p=100440> by Rick Hasen<https://electionlawblog.org/?author=3>

Dig in, folks.<http://paceidocs.sosonline.org/>

Update: Here is the letter<http://paceidocs.sosonline.org/PDF/Dunlap%20PACEI%20Docs%20Findings%20letter%20-%20FINAL.080318.pdf> Secretary Dunlap released in connection with the posting of the documents. [https://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-08-03-at-12.48.22-PM.png] <https://electionlawblog.org/wp-content/uploads/Screen-Shot-2018-08-03-at-12.48.22-PM.png>
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>, The Voting Wars<https://electionlawblog.org/?cat=60>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>


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